Opinion

It is rare that family cases are heard by the Inner House, but in August 2023, Lord Tyre, Lord Pentland and Lady Wise heard the appeal in the case of Foster v Foster, writes Kate Bradbury. On Friday 29 September 2023, the Inner House issued its decision, providing clarity on two points:

Gillian Mawdsley, author of the recently released Sudden Deaths and Fatal Accidents Inquiries in Scotland: Law, Policy and Practice, looks at the differences between FAIs and inquiries. Bloomsbury Professional is offering SLN readers a special 25 per cent discount on the new book. Order today f

Cheryl Hogg details new wildlife crimes under consideration at Holyrood.   The Wildlife Management and Muirburn (Scotland) Bill is currently at Stage 1 in the Scottish Parliament. This means it has been introduced to the Parliament and is now being examined by committees before the MSPs de

With the transitional period for existing businesses to apply for a short-term lets licence coming to an end this week, Kirsten Belk assesses the new regime and its wider impact. Last year, Scotland’s local authorities were given new powers by the Civic Government (Scotland) Act 1982

Scotland’s target of net zero emissions by 2045 requires change in many sectors – the commercial property market being one of them. A recent Scottish government consultation cited improving the energy performance of buildings as a key part of its strategy, writes Matt Farrell. In En

George Gebbie highlights injustices in Iran and warns that our own government is not immune to the temptations of power. On 16th September 2022, a young woman died in a hospital in Tehran, Iran. Her name was Mahsa Amini. She had been arrested by the religious morality police of that country’s

As the pandemic’s aftershocks reverberate through the financial ecosystem, insolvency law specialists are bracing for an overwhelming influx of fraud-based legal cases, writes Alan Munro. The pandemic required the government to provide fast and extensive support to keep businesses and ind

Govan Law Centre calls for an increase in the protected minimum balance for earnings arrestments. A new Bankruptcy and Diligence (Scotland) Bill was introduced in the Scottish Parliament at the end of April and is currently before the Economy and Fair Work Committee for Stage 1 initial con

The statutory instrument making amendments to the Ordinary Cause Rules 1993 comes into force today. This changes the procedure for defended family actions in a wholesale manner, replacing the existing procedure with rules heavily focused on case management, writes Lesley Gordon. Unfortunately, there

New guidance is being drawn up to help manufacturers of connected devices comply with UK data protection laws, writes Kathryn Wynn. The UK’s Information Commissioner’s Office (ICO) confirmed it is developing guidance on data protection and the “internet of things” as it

Ahead of a panel discussion event next week, Rachel Munro examines why, for housebuilders, planners and local authorities, heat networks promise to increasingly be a hot topic in the months and years to come. It need not be overstated that Scotland doesn’t have the best weather and despite hig

Sheriff Philip Mann sitting in Aberdeen Sheriff Court has just handed down a landmark decision (Mrs Susan Gordon, Petitioner, [2023] SC ABE 26) which, if followed by other courts, will open a new door in commissary practice across Scotland, writes Justin Reid. The deceased, Mr Thomas Nicol Rae,

Two new health and safety rulings demonstrate how Scottish courts are increasingly mirroring their English counterparts when determining fines, writes Willie Park. The appeal rulings showed the level of fines the courts will impose seems likely to continue to rise and get closer to levels seen in En

The week ahead sees the battle between the Scottish and UK governments over the Gender Recognition Reform (Scotland) Bill (GRR) move into court as Scottish ministers seek to overturn the Section 35 Order put in place by the Secretary of State for Scotland, currently blocking the bill from becoming a

As most employers will be aware, the duty to make reasonable adjustments for a disabled person applies to workers/employees who have started work, as well as to those seeking work, writes Douglas Strang. Employers must, therefore, consider and comply with the duty to make adjustments when considerin